That's what I was thinking! You'll be amazed at how well the car drives once you get in one that doesn't have it's suspension system in a straight jacket!

Best of luck and let us know how it turns out.

Drive Safe,
Steve R.

 

I don't know what world you live in, but I find it dubious at best to think that some random sheet of paper with a PDI checklist that some mechanic checked and signed off on is stronger proof than pictures. You really don't have to worry about the tech backing you up, but the adjuster will go to court if you make him/her. They have these nifty things called subpeonas (wow, spelled it right the first time, although I did check dictionary.com to be sure) that require witnesses to come and give testimony.

And whether or not the spacers were the cause of the loss of control or not seems up in the air, BUT Honda specifically gives multiple checks to try and ensure those spacers are out before that vehicle leaves the dealership. Seems to me that Honda is pretty sure this could happen because of the spacers and I will trust them on that.

Also, just getting his deductible back is not making him whole. Because of my above points, at least some (I'd say most) of the fault rests upon the dealership, which means they are responsible for making him whole. That means either an unwrecked car, OR enough cash after the repair cost to cover loss of value. I think even the dealership would want to go ahead and just hand him a new similar vehicle.

Lastly, you can get big cash settlements when there is proof of gross negligence. As mentioned above, punitive damages are designed for just that. If the judge feels that the dealership caused this to such a point as that he should be made more than whole, the judge can charge signifigant sums of money to the dealership above and beyond the cost of the car.

I personally would persue this as far as possible out of court, and it seems as though the dealership is at least trying to make it right. I'm eagerly waiting to hear what the dealership offers to him. They have a great opportunity here to either make the black-balled list OR have the largest S2k community on the net singing their praises.

 

Spring Spacers found on a 2+ year old car at this year's FreshWater Tour.

The guy had chromed wheels and aftermarket rotors. So someone has had the wheels off a few times. Still...

Wheel Gap on his car:


Wheel gap on stock ride height AP1 without spacers (Damn, those smoked side markers are hot. That car must be the best looking S ever! ):


Some of the spring spacers:


Spring Spacers on the car:


All done, check out the chromies:

 

I would write to the GM of the Honda dealer you bought it from. Attached it with the pictures and signed testimony of the technicians who did the repair estimate for you. cc your insurance agent/adjuster. Send your letter with registered mail.

You may have to follow up with letters to Honda high management. Put on pressure on different fronts. See if it would generate some responses in your favor.

Hire a lawyer as the last resort, since it would cost you some money.

Hope things will work out for you.

Cheers,

 

punitive damages require fraud or malintent. Stupidity (unfortunately) is not illegal and not "punishable" which is what punitive damages are for.

dinnyin

 

I believe you can include negligence for punitive damages.

 

B,
Finally managed to check your PM, glad to see such a strong response! Keep me posted by phone.

About the spacers, I can't see my springs with my car sitting on the ground, based on ride height difference seen in the pics above, it seems that if you look hard you should be able to right? I've never thought about it, but I've never personally confirmed in 3 years that mine are off.

PS- Bobby, can't wait for a ride in your SECOND new 05 S2k!

J

 

Falcon, how about an update?
FYI, for the rest of you that have not confirmed the spacer removal, if you just turn your wheels all the way left or right, you can see the springs and confirm if they have been removed. Then do the other side. No need to jack up the car. The dealer didn't remove mine either, but mine was the first S2000 the dealer had ever prepped. (back in September 1999)

 

Thats no excuse.. ALL cars shipped with coil springs have spring spacers i believe. I'm sure all hondas do.


Falcon,

Save the hike to work. Rent a car now. You might have to front the money, but keep your receipts. Like everyone said, this is an airtight case, you will surely be reimbursed for the rental. Be sure to ask honda for a loaner first, so-as-to mitigate damages. If the refuse a loaner, get the rental.

Best of luck. Keep us updated!

 

I agree that you have a case and you have the right to sue to cover any costs you incur (medical, legal, rental car, s2k depreciation due to accident, etc.), but don't sue because you "almost died." Yes, I can imagine how scary that must have been, but people in this country will sue for anything. You didn't die, and you should be thankful for that. Don't be the typical American and try to retire off this- why do you think insurance rates are so high? because people will sue at the drop of a hat. Just make sure you get what you are entitled to (which no one should argue about), but don't go crazy with this thing.